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McFarland v Brumby and Another - [1966] NZLR 230

$30.00

High Court Wellington
28 June; 13 August 1965
Woodhouse J.
Evidence — Two written contracts entered into by same parties — Whether oral evidence admissible to show that two contracts to be read as one
Infants and children — Infant and adult joining in contract to purchase land — Collateral sharemilking agreement entered into by purchasers with vendors — Sharemilking agreement operating for period — Both contracts then repudiated by infant — Whether two agreements to be read together as one — Whether a total failure of consideration — Whether deposit recoverable by infant — Whether infant's repudiation also releasing adult purchaser — Whether purchasers acquired equitable interest in property on signing of contract.
Sale of land — Vendor and purchaser — Infant and adult joining in contract to purchase land — Contract repudiated by infant — Whether adult purchaser also released — Infant providing whole of deposit — Whether entitled to sue for recovery of deposit without concurrence of co-purchaser — Whether purchasers acquiring equitable interest in property on signature of contract.

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